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Gazette officielle du Québec. Québec official gazette.
La Gazette officielle du Québec est le journal officiel de l'État québécois. Parue pour la première fois le 16 janvier 1869, elle diffuse chaque semaine l'ensemble des textes dont la publication est requise : lois, règlements, décrets, arrêtés, avis, etc. Pour les éditions publiées depuis 1996, consultez le site Web des Publications du Québec. [...]
La Gazette officielle du Québec est le journal de diffusion des textes gouvernementaux dont la publication est requise : lois, règlements, décrets, arrêtés, avis, nominations, etc. La publication présente chaque semaine les textes qui ont valeur officielle pour la gouvernance et la conduite des nombreuses sphères d'activité de la société québécoise.

La Gazette est la plus ancienne publication de l'Éditeur officiel du Québec, aujourd'hui les Publications du Québec. Jusqu'en 1972, la Gazette officielle a paru sous un titre unique. Depuis 1973, elle est scindée en deux parties. La première publie les avis juridiques qui émanent du gouvernement et des autres organismes régis par les lois québécoises. La seconde diffuse les lois, règlements, décrets et autres textes dont la publication est obligatoire. À partir de 1977, la deuxième partie est publiée séparément en français et en anglais, la version anglaise paraissant avec quelques jours de décalage. La publication simultanée des deux versions a été imposée par la Cour suprême du Canada en 1979.

Les avis et ordonnances du gouvernement de la colonie sont imprimés à Québec dès 1764, au moment où le premier journal québécois, la Gazette de Québec, publication bilingue, est désigné par le gouverneur Murray pour les diffuser. William Brown, Samuel Neilson, et surtout John Neilson, puis Samuel Neilson et son associé William Cowan éditent la Gazette de Québec jusqu'en 1823, alors que John Charlton Fisher, plus loyal au pouvoir, commence la publication de la Gazette de Québec publiée par autorité. La Canada Gazette, aussi de nature officielle, sera publiée en parallèle à partir de 1841. C'est le 16 janvier 1869, à la suite de la création du Canada, que le nouveau gouvernement québécois publie le premier numéro de la Gazette officielle du Québec.

En plus des textes de nature juridique produits par le gouvernement, la Gazette officielle du Québec publie l'ensemble des références officielles concernant les collectivités, qui permettent de retracer l'histoire des municipalités, des commissions scolaires et des paroisses. On y trouve aussi de l'information sur la construction des ponts, ainsi que sur l'ouverture des routes et des chemins de fer.

On trouve dans la Gazette officielle du Québec la documentation relative à la constitution et à la dissolution de compagnies, de syndicats, d'associations, et de corporations professionnelles. Des avis, comme des demandes de changement de nom, des ventes par shérif et des actions en séparation de corps et de biens, y sont aussi régulièrement publiés.

La consultation de l'index périodique, publié séparément et intégré à la Collection numérique de BAnQ, a traditionnellement permis aux chercheurs de s'y orienter.

Dès les premières années de la publication, les hommes politiques, le clergé, les municipalités et les professionnels des milieux juridiques en sont les principaux destinataires. La Gazette est tirée à 1500 exemplaires en 1871. En 1994, 125 ans après sa première parution, le tirage cumulatif de la partie 1, de la partie 2 et de la version anglaise atteint 9000 exemplaires.

Il est à noter que les décrets gouvernementaux ne sont pas publiés systématiquement dans la Gazette officielle du Québec. S'il ne trouve pas ce dont il a besoin, le chercheur peut se tourner vers le fonds d'archives Ministère du Conseil exécutif (E5) conservé au Centre d'archives de Québec de BAnQ.

La Gazette officielle du Québec - 125 ans d'édition gouvernementale, Québec, Publications du Québec, 1993, 219 p.

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[" }azette officielle du Québec Gazette officielle du Québec Part 2 Volume 121 Laws and »1989 Regulations Summary Table of contents Acts 1989 Coming into force of Acts Proclamations Regulations Draft Regulations Index Legal deposit \u2014 1\" Quarterly 1968 Bibliothèque nationale du Québec © Éditeur officiel du Québec, 1989 NOTICE TO READERS The Gazelle officielle du Québec (Laws and Regulations) is published under ihe authority of the Act respecting the Ministère des Communications (R.S.Q.c.M-24) and the Regulation respecting the Gazelle officielle du Québec (O.C.3333-81 dated 2 December 1981 amended by O.C.2856-82 dated 8 December 1982 and O.C.1774-87 dated 24 November 1987).Part 2 of the Gazette officielle du Québec is published at least every Wednesday under the title \"LOIS ET RÈGLEMENTS\".If a Wednesday is a legal holiday, the Official Publisher is authorized to publish on the preceding day or on the Thursday following such holiday.1.Part 2 contains: 1° Acts assented to.before their publication in the annual collection of statutes; 2° proclamations of Acts; 3° regulations made by the Government, a minister or a group of ministers and of Government agencies and semi-public agencies described by the Charter of the French language (R.S.Q.c.C-ll).which before coming into force must be approved by the Government, a minister or a group of ministers; 4° Orders in Council of the Government, decisions of the Conseil du trésor and ministers' orders whose publication in the Gazette officielle du Québec is required by law or by the Government; 5° regulations and rules made by a Government agency which do not require approval by the Government, a minister or a group of ministers to come into force, but whose publication in the Gazette officielle du Québec is required by laws; 6° rules of practice made by judicial courts and quasi-judicial tribunals; 7° drafts of the texts mentioned in paragraph 3 whose publication in the Gazette officielle du Québec is required by law before their adoption or approval by the Government.2.The English edition The English edition of the Gazelle officielle du Québec is published at least every Wednesday under the title \"Part 2 \u2014 LAWS AND REGULATIONS\".When Wednesday is a holiday, the Official Publisher is authorized to publish it on the preceding day or on the Thursday following such holiday.The English version contains the English text of the documents described in paragraphs I, 2.3.5, 6 and 7 of section I 3.Rates 1 Subscription rates Part 2 (French) .77 $ per year English edition .77 $ per year 2 Rates for sale separate numbers Separate numbers of the Gazette officielle du Québec sell for 4.40 $ a copy.For information concerning the publication of notices, please call: Gazette officielle du Québec 1279, boul.Charest Ouest, 9* étage Québec GIN 4K7 Téléphone: (418) 644-7795 Offprints or subscription only: Offprints Ministère des Communications Service des ventes postales CP.1005 Québec G1K 7B5 Téléphone: (418) 643-5150 Subscriptions Les Editions Transmo 404.boul.Décarie Saint-Laurent.QC H4L 5G1 Telephone: (514) 748-5100 Table of contents Page Acts 1989 100 An Acl lo amend ihe Act to preserve agricultural land.2105 220 An Act respecting the town of Roberval.2125 239 An Acl respecting the municipality of Lac-Nominingue.2129 241 An Acl respecting the town of Saint-Georges.2133 244 An Act respecting the Georg Stellari estate.2137 246 An Acl respecting Rageol Liée.2143 247 An Act respecting Ihe city of Côte Saint-Luc.2147 249 An Act respecting an immovable of the cadastre of the city of Montreal (Saint-Antoine ward).2151 250 An Act respecting certain immovables of the cadastre of the city of Montréal (Sainte-Anne ward).2157 251 An Acl respecting the St.Bernard Fish and Game Club.2167 259 An Act respecting the Collège de Sainl-Césaire.2171 260 An Acl respecting AY Unergie Inc.2179 Lists of Bill sanctioned.2103 Coming into force of Acts 626-89 Acl respecting police organization and amending the Police Act and various legislation.2183 Proclamations Act to amend various legislation respecting the administration of justice.2185 Regulations 604-89 Restauranl Ment Act.2187 618-89 Application of the Regulations Acl \u2014 Exclusion of certain regulations.2187 623-89 Amusement machines \u2014 Act respecting lotteries, racing, publicity contests and amusement machines.2188 635-89 Paper box industry \u2014 Acl respective collective agreement decrees.2189 Amusement machines \u2014 Act respecting lotteries, racing, publicity contests and amusement machines.2191 Draft Regulations Apportionment between municipal corporations of revenue arising under section 221 of the act.2193 Classes of complaints relating lo a real estate assessment roll or a roll of rental values.2193 Conditions or restrictions applicable to the exercise of the tariffing powers of municipal corporations.2194 Government participation in the financing of municipal corporations.2194 Industrial and commercial establishments \u2014 Quality of the work environment \u2014 Salubrity and safety of workmen in mines and quarries.2195 Payment required at the time of the filing of a complaint with the Bureau de révision de l'évaluation foncière du Québec.2197 Safety Code for the construction industry.2198 Withholding of sums payable by ihe Government in the case of contravention of certain provisions of the Act respecting municipal taxation.2200 i i Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 10, 1989, Vol.121.No.20 2103 PROVINCE OF QUÉBEC 2nd SESSION 33rd LEGISLATURE Québec, 12 april 1989 Office of the Lieutenant-Governor Québec, 12 April 1989 This day, at thirty minutes past four o'clock in the afternoon, the Honourable the Administrator of Québec was pleased to sanction the following bills: 100 An Act to amend the Act to preserve agricultural land 220 An Act respecting the town of Roberval 239 An Act respecting the municipality of Lac-Nominingue 241 An Act respecting the town of Saint-Georges 244 An Act respecting the Georg Stellari estate 246 An Act respecting Rageot Ltée 247 An Act respecting the city of Côte Saint-Luc 249 An Act respecting an immovable of the cadastre of the city of Montréal (Saint-Antoine ward) 250 An Act respecting certain immovables of the cadastre of the city of Montréal (Sainte-Anne ward) 251 An Act respecting the St.Bernard Fish and Game Club 259 An Act respecting the Collège de Saint-Césaire 260 An Act respecting AY Unergie Inc.To these bills the Royal assent was affixed by the Honourable the Administrator of Québec.L'Éditeur officiel du Québec i i i 4 i Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2105 NATIONAL ASSEMBLY SECOND SESSION THIRTY-THIRD LEGISLATURE Bill 100 (1989, chapter 7) An Act to amend the Act to preserve agricultural land Introduced 15 November 1988 Passage in principle 7 December 1988 Passage 6 April 1989 Assented to 12 April 1989 Québec Officiai Publisher 1989 2106 GAZETTE OFFICIELLE DU QUÉBEC, May 10.1989.Vol.121.No.20 Part 2 EXPLANATORY NOTES This bill amends the Act to preserve agricultural land, in particular, by conferring upon an independent tribunal the function of hearing appeals from decisions of the Commission de protection du territoire agricole.The bill also provides that, in the future, land owners will not be required to obtain the authorization of the commission before alienating or subdividing a lot situated in an agricultural zone or erecting more than one residence on such a lot provided certain conditions concerning the size of contiguous areas are met.Moreover, the Commission de protection du territoire agricole will identify an exclusive sector within the limits of an agricultural zone and determine the uses that will be permitted on the lots comprised in such a sector.In addition, a commissio7ier will be appointed to hear the complaints of agricultural producers who believe they have been wronged by the application of a municipal by-law affecting their farming activities.The bill also provides that, without restricting the application of the Environment Quality Act, a person will incur no liability in respect of third persons by reason of dust, odors or noise resulting from farming activities if he carries on his fanning activities according to law and in compliance with the regulations and orders ivhich apply to his fanning activities.In addition the bill establishes a special fund that will serve to ensure the defence of persons who are being sued by reason of dust, odors or noise resulting from their farming activities.Finally, the bill contains transitional measures necessary for the carrying out of the Act. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2107 ACTS AMENDED BY THIS BILL: - Act respecting the acquisition of farm land bv non-residents (R.S.Q., chapter A-4.1); - Act to preserve agricultural land (R.S.Q., chapter P-41.1). I i i Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2109 Bill 100 An Act to amend the Act to preserve agricultural land THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: 1.Section 1 of the Act to preserve agricultural land (R.S.Q., chapter P-41.1) is amended by inserting, after paragraph 13, the following paragraph: \"(13.1) \"producer\" means a person within the meaning of paragraph / of section 1 of the Farm Producers Act (R.S.Q., chapter P-28);\".2.Section 4 of the said Act is amended by replacing the figure \"16\" in the first line of the first paragraph by the figure \"10\" and the figure \"5\" in the second line of the same paragraph by the figure \"2\".3.Section 7 of the said Act is replaced by the following section: \"7.One member may hear and decide any matter within the competence of the commission, except in a case where the commission must give its advice.\" 4.Section 12 of the said Act is replaced by the following section: \"12.In exercising its jurisdiction, the commission shall take into account that it is in the general interest to preserve agricultural land and farming activities.It shall also examine all the facts that have been submitted to its consideration.\" 5.Section 15 of the said Act is amended by striking out the words \"application for review,\" in the first and second lines of the second paragraph.6.Sections 18 to 18.4 of the said Act are repealed. 2110 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Part 2 7.Division II.1 of the said Act is amended by inserting, after the heading, the following: \"§ 1.\u2014Appeal to the appeal tribunal \"21.01 A tribunal consisting of not more than nine members, including the president and vice-president, appointed for not more than five years by the Government is hereby established under the name of \"Tribunal d'appel en matière de protection du territoire agricole\".Once established, the term of office of the members cannot be reduced.The Government shall fix the salary and, as the case may be, the additionnai salary, allowances or fees of each member of the appeal tribunal.Every member shall remain in office at the expiry of his term to conclude the cases pending before him.The president and vice-president of the appeal tribunal shall hold office on a full-time basis.\"21.02 The sittings of the appeal tribunal shall be presided over by the president or by a member designated by him for that purpose.Three members shall be a quorum.If the president is absent or unable to act, he shall be replaced by the vice-president.\"21.03 Sections 5, 8 to 13, and 15 to 21, adapted as required, apply to the appeal tribunal.\"21.04 Any interested party may appeal from a decision or order of the commission before the appeal tribunal.\"21.05 Appeals shall be filed at the record office of the appeal tribunal within sixty days of the date of the decision or order forming the object of the appeal.The appeal tribunal may, for cause, extend that period provided that not more than six months have elapsed from the date of the decision or order.\"21.06 On the request of the appeal tribunal, the commission shall transmit to the record office of the appeal tribunal the contested decision or order together with any other relevant document. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2111 \"21.07 The appeal suspends the execution of the decision except in the case where the appeal tribunal allows provisional execution.The appeal does not suspend the execution of an order except as regards the conclusions of an order requiring restoration of a site.Any appeal from an order shall be heard by preference by the appeal tribunal.\"21.08 Before ruling on an appeal, the appeal tribunal shall give interested parties and the commission the opportunity to be heard.\"21.09 The appeal shall bear, in whole or in part, on the object of the initial application but cannot claim more than what had been applied for.In appeal, proof may bear only on a fact having occurred prior to the decision or order appealed from, whether or not such fact has already been submitted as evidence.The appeal from a decision suspends, by operation of law, any new application to obtain the same conclusions, until a decision is rendered on the appeal.Subject to section 21.1, the decision of the appeal tribunal is final.\"21.010 The appeal tribunal may confirm a decision or order appealed from; it may also quash the decision or order in whole or in part and render the decision which, in its opinion, should have been rendered in first instance according to the provisions of sections 62 to 62.2, 69.07 and 69.08.\"21.011 Every decision of the appeal tribunal must give reasons and be transmitted in writing to the applicant and any interested person, to the commission and to the municipal corporation and regional county municipality in which the lot affected by the appeal is situated.\"§ 2.\u2014Appeal to the Court of Québec\".8.Section 21.1 of the said Act is amended by replacing the word \"commission\" in the second line of the first paragraph by the words \"appeal tribunal\".9.Section 21.3 of the said Act is amended by inserting the words \", to the appeal tribunal\" after the word \"parties\" in the third line of the first paragraph. 2112 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Part 2 10.Section 21.4 of the said Act is replaced by the following section: \"21.4 The appeal is brought by filing with the appeal tribunal a notice of appeal served on the parties and on the commission, within ten days after the date of the decision authorizing it.The filing of the notice constitutes service on the appeal tribunal.\" 11.Section 21.5 of the said Act is amended (1) by replacing the words \"The commission\" in the first line of the first paragraph by the words \"The appeal tribunal\"; (2) by replacing the words \"The commission\" in the first line of the second paragraph by the words \"The appeal tribunal\".12.Section 21.7 of the said Act is amended by adding, after the first paragraph, the following paragraph: \"In the case of an appeal from a decision of the appeal tribunal relating to an order of the commission, the Court of Québec may confirm or quash the order.\" 13.Section 29.1 of the said Act is repealed.14.The said Act is amended by inserting, after section 29.1, the following section: \"29.2 Notwithstanding sections 28 and 29, a person may, without the authorization of the commission, alienate an area of not less than one hundred hectares if the contiguous residual area, or the residual area that would be contiguous according to sections 28 and 29, comprising one or several lots or parts of lots forms an area of not less than one hundred hectares.\" 15.Section 31 of the said Act is amended by adding, after the fifth paragraph, the following paragraph: \"From {insert here the date of cowing into force of this Act), the right of residential use conferred by this section, and which was legally exercised before 1 July 1988, shall be extinguished by leaving uncropped for more than one year the area to which the right applies.\" 16.The said Act is amended by inserting, after section 31, the following section: \"31.1 Notwithstanding section 26, a person may, without the authorization of the commission, erect one residence on one lot or on Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May II).19X9.Vol.121.No.20 2113 several contiguous lots, or on lots that would be contiguous according to sections 28 and 29, if the lots are vacant, not subject to rights recognized under Division ix and owned by the person, provided the area of the lot or contiguous lots is or forms an area of not less than one hundred hectares.The person may use for that purpose an area not exceeding one-half hectare.In order to do so, the person shall, beforehand, file at the record office of the commission a statement accompanied with the land title and a plan describing the area on which the residence will be erected.The erection of a residence under this section does not entail that the lot or part of lot on which the residence is erected is exempt from the application of sections 28 to 30.\" 17.Section 40 of the said Act is amended by inserting, after the second paragraph, the following paragraph: \"An agricultural operations corporation or partnership may also erect, on such a lot, a residence for an employee assigned to the agricultural operations of the corporation or partnership.\" 18.Section 44 of the said Act is amended by striking out the fifth paragraph.19.Section 59 of the said Act is amended (1) by inserting, after the first sentence of the second paragraph, the following sentence: \"The municipal corporation shall indicate whether the application is consistent with its by-laws.\"; (2) by inserting, after the second sentence of the third paragraph, the following sentence: \"The regional county municipality or the community shall indicate whether the application is consistent with the interim control by-law, the development plan or the complementary document in force.\"; (3) by replacing the words and figures \"sections 12 and 62\" in the third line of the fourth paragraph by the word and figure \"section 62\".20.Section 62 of the said Act is replaced by the following section: \"62.Subject to sections 69.07 and 69.08, the commission may authorize, on such conditions as it may determine, the use, for purposes other than agriculture, the subdivision, the alienation, the inclusion or the exclusion of a lot or the cutting of maple trees.In rendering a decision, giving its advice or issuing a permit on a matter referred to it, the commission shall take into consideration 2114 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Part 2 (1) the soil capability of the lot and of the neighbouring lots; (2) the possible uses of the lot for agricultural purposes; (3) the consequences of an authorization on the use and the possibilities of agricultural use of neighbouring lots; (4) the restrictions and effects resulting from the application of the Acts and the regulations, in particular those relating to the environment and, more particularly, with respect to livestock operations; (5) the availability of other sites where farming restrictions would be eliminated or reduced; (6) the homogeneity of the farming community and farming operations; (7) the impact on the preservation of water and soil resources in the municipality and in the region; (8) the establishment of land holdings having an area sufficient for farming activities; (9) the impact on the economic development of the region upon proof submitted by a regional county municipality, municipal corporation, community, public body or agency providing public utility services.The commission may take into consideration (1) the socioeconomic conditions necessary for the viability of a rural community where the low density of occupancy of the territory and the isolation of the community within a region justify it; (2) the consequences of a refusal for the applicant.\" 21.The said Act is amended by inserting, after section 62, the following sections: \"62.1 When making a decision, the commission shall not take into consideration (1) the fact that the object of the application has been wholly or partly achieved; (2) the possible consequences of the decision on an offence already committed; (3) any fact or evidence not related to a provision of section 62. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2115 \"62.2 The commission may refuse an application on the sole ground that it is not accompanied with an indication to the effect that the application is consistent with the by-laws of the municipal corporation, the interim control by-law, the development plan or the complementary document in force.\" 22.Section 63 of the said Act is repealed.23.Section 64 of the said Act is amended by striking out the second paragraph.24.Section 65 of the said Act is amended by replacing the third paragraph by the following paragraph: \"Section 62 applies to the application.\" 25.The said Act is amended by inserting, after Division IV, the following division: \"DIVISION IV.01 \"exclusive sector \"69.01 The commission shall identify as an exclusive sector, on the agricultural zone plan, any part of that zone which it determines on the basis of the identification of soils having a soil capability of class 1,2 or 3 and organic soils, as inventoried on the maps of soil capability for agriculture prepared within the scope of the Canada Land Inventory.The organic soils referred to in the first paragraph are soils which enjoy a climate of 2 500 corn-heat units or more.\"69.02 The plan of the agricultural zone which comprises the exclusive sector shall delimit that zone and sector and be accompanied with a technical description of their boundaries established in accordance with the second paragraph of section 34.\"69.03 The commission shall submit the plan and technical description to the municipal corporation and regional county municipality concerned and to the Confédération de l'Union des producteurs agricoles which may, within sixty days, transmit their recommendations to the commission with a view to reaching an agreement with the commission as to the content of the plan and description within that time. 2116 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Part 2 Concurrently, the commission shall publish in the Gazette officielle du Québec a notice stating that the plan is available for examination at the record office of the commission and that it will be submitted to the Government for approval on the expiry of a period of sixty days after that publication.At the expiry of the sixty-day period, the commission shall submit the plan and technical description to the Government for approval, taking into consideration the terms of any agreement reached or representation made to it.The Government may approve the plan and technical description with or without amendment and, if they are approved, the decree approving them shall come into force on the date fixed therein.\"69.04 The decree, together with the agricultural zone plan and the technical description of its boundaries, shall be filed in the record office of the commission.\"69.05 The secretary of the commission shall send two certified copies of the decree, plan and technical description to the clerk or secretary-treasurer of the municipal corporation and regional county municipality concerned, to the Confédération de l'Union des producteurs agricoles and to the registrar of the registration division in which the municipality is situated, for registration purposes.\"69.06 The commission shall publish in the Gazette officielle da Québec and in a newspaper circulated in the municipality where the agricultural zone is established a notice of the coming into force of the agricultural zone decree of the municipality comprising the exclusive sector.\"69.07 The commission shall not authorize the exclusion of a lot comprised in an exclusive sector.\"69.08 From the coming into force of a decree approving an agricultural zone plan comprising an exclusive sector, the commission shall not authorize, in that sector, the use, for purposes other than agriculture, the subdivision or alienation of a lot, the cutting of maple trees, or issue a permit for the removal of topsoil unless it is proven to it that there is no appropriate area available elsewhere in the territory of the municipal corporation for the purposes contemplated by the application and that the application is compatible with agriculture or will have no effect on the preservation of agricultural land, as regards the provisions of subparagraphs 1 to 8 of the second paragraph of section 62. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2117 From the same date, the commission shall not grant, in that sector, any authorization for public utility purposes such as a waterworks or sewer system, a water treatment or purification plant, a sanitary landfill site, a snow dumping site or a municipal road to a regional county municipality, municipal corporation, community, department, public body or agency providing public utility services except upon proof that there is no appropriate area available elsewhere in the territory of the municipal corporation or that the implementation of such services will not affect the homogeneity of the farming operations or involve significant changes in farming activities.\" 26.The said Act is amended by inserting, after section 79, the following: \"DIVISION V.l \"farming activities \"§ 1.\u2014Application \"79.1 For the purposes of this division only, \"farming activities\" means agriculture including letting the land lay fallow, the utilization of chemical, organic or mineral products and the use of farming machinery and implements.The storing, processing, transformation and sale of farm products on the farm by a producer whose principal occupation is agriculture shall also constitute farming activities.\"§ 2.\u2014Complaints \"79.2 The Government shall appoint, for a period not exceeding five years and on the conditions it determines, a commissioner to hear complaints filed under this subdivision.The Government shall fix the salary, allowances or fees, as the case may be, of the commissioner.\"79.3 Every producer who believes that he has been wronged or that he is likely to be wronged by the application of a municipal planning by-law or a municipal by-law respecting nuisance affecting his farming activities in an agricultural zone may file a complaint, in writing, with the commissioner.\"79.4 The commissioner shall, if he has reasonable cause to believe that the complaint justifies his intervention, notify forthwith the municipality concerned and transmit a copy of the complaint to it.In addition, he shall, within thirty days from the receipt of the complaint, cause to be published in a newspaper circulated in the 2118 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Part 2 territory of the municipality having adopted the by-law forming the subject of the complaint, (1) a summary of the content of the complaint; (2) the text of the provision of the municipal by-law in question; (3) the indication that any interested person wishing to intervene and express his views in respect of the complaint must, within thirty days from the date of publication, notify the commissioner; (4) the indication that, during the said period, any interested person may, on request, obtain a copy of the complaint from the commissioner.\"79.5 The commissioner may convene the parties and other interested persons to obtain their views.\"79.6 If the commissioner deems it advisable to hold a public hearing, he shall notify the parties and other interested persons.He shall, in such case, cause to be published in a newspaper circulated in the territory of the municipality concerned, a summary of the content of the complaint and he shall indicate the date, time and place of the hearing.\"79.7 In examining a complaint, the commissioner shall be assisted by two persons designated by the Minister of Agriculture, Fisheries and Food and two persons designated by the Minister of Municipal Affairs.The Government shall fix their salary, additional salary, allowances or fees, as the case may be.\"79.8 In examining a complaint, the commissioner shall take into consideration, in particular, the standards applicable to farming activities, the observance of legislative provisions, of the regulations and of orders other than those issued pursuant to this Act which govern such activities and the impact of the municipal by-law on the farming activities of the complainant and on the farming activities of the other producers of the agricultural zone.\"79.9 The commissioner shall, with dispatch, transmit to the parties a report giving the reasons for his conclusions and recommendations.He shall cause the report to be published in a newspaper circulated in the territory of the municipality concerned.\"79.10 The commissioner may, within two years after the date of a report, refuse to consider any new complaint in respect of the Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 10.1989.Vol.121.No.20 2119 provisions of a municipal by-law which formed the subject of the report.\"79.11 The Government may, by regulation, establish rules of procedure and management applicable to the complaints received by the commissioner.\"79.12 The Minister of Justice shall be responsible for the carrying out of sections 79.1 to 79.11.\"§ 3.\u2014Measures relating to farming activities \"79.13 Without restricting the application of the Environment Quality Act (R.S.Q., chapter Q-2) and the recourses available to a person under the said Act, no person shall incur any liability in respect of a third person by reason of dust, odor or noise resulting from farming activities in an agricultural zone or be prevented by the third person from carrying on farming activities if he does so according to law and in compliance with the regulations and orders made under the Environment Quality Act with respect to dust, odors or noise resulting from farming activities in agricultural zones.\"79.14 Where a plaintiff or applicant in an action or proceedings against a person who carries on farming activities in an agricultural zone claims (1) damages by reason of dust, odors or noise resulting from farming activities, or (2) an injunction with a view to preventing the carrying on of farming activities, the plaintiff or applicant has, in particular, the burden to prove, for the purpose of establishing responsibility, that the person who cames on farming activities has acted illegally or has contravened the regulations or orders made under the Environment Quality Act with respect to dust, odors or noise resulting from farming activities.\"79.15 In agricultural zones, every person who wishes to erect a building other than a farm building on his lot shall, in respect of neighbouring farming operations, comply with any standard as to distance, imposed on such farming operations pursuant to any Act, regulation or by-law in force at the time of the erection.The municipal corporation shall not issue a building permit where the said standard is not complied with by the owner of the lot contemplated by the application, unless the latter has deposited, for registration purposes, in the office of the registration division 2120 GAZETTE OFFICIELLE DU QUÉBEC, May 10.1989.Vol.121.No.20 Part 2 concerned, a declaration whereby he waives, in respect of each neighbouring farming operation that is subject to the said standard, the recourses that would have been available to him if he had complied with the standards imposed.The declaration has the same effect as a real servitude and shall be registered against the lot contemplated by the application and in respect of the lot on which the buildings or infrastructures used for the farming activity subject to the distance standards are situated.\"§ 4.\u2014Special fund \"79.16 A special fund called the farming activities fund shall be established at the Ministère de l'Agriculture, des Pêcheries et de l'Alimentation.The fund will serve to ensure the defence of producers against whom an action for damages or injunction proceedings has or have been instituted by reason of dust, odors or noise resulting from farming activities in agricultural zones provided they carry on their farming activities according to law and in compliance with the regulations and orders made under the Environment Quality Act with respect to dust, odors or noise resulting from farming activities in agricultural zones.\"79.17 The Government shall determine the date of the beginning of the activities of the fund and its assets and liabilities.It shall also determine the nature of the goods and services which may be financed by the fund as well as the nature of the expenses which may be charged to it.\"79.18 The fund shall be made up of the following sums, except interest: (1) the sums collected for goods and services financed by the fund; (2) the sums advanced by the Minister of Finance under the first paragraph of section 79.20; (3) the sums paid by the Minister of Agriculture, Fisheries and Food out of the appropriations allocated for that purpose by Parliament.\"79.19 The management of the sums which constitute the fund shall be entrusted to the Minister of Finance.Such sums shall be allocated to him and deposited with financial institutions designated by him.The accounting operations and the recording of financial commitments imputable to the fund shall, notwithstanding section 13 of the Financial Administration Act (R.S.Q., chapter A-6), be made by Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2121 the Minister of Agriculture, Fisheries and Food.The said Minister shall, in addition, certify that such commitments and the outlays resulting therefrom do not exceed available balances and that they comply therewith.\"79.20 The Minister of Finance may advance to the fund, with the authorization of the Government and on the conditions it determines, sums taken out of the consolidated revenue fund.The Minister may, conversely, advance to the consolidated revenue fund, on a short-term basis and on the conditions he determines, any part of the sums constituting the fund not required for its operation.Any advance made to the fund shall be repayable out of such fund.\"79.21 The remuneration and expenses pertaining to the social benefits and other conditions of employment of persons assigned to the activities of the fund in accordance with the Public Service Act (R.S.Q., chapter F-3.1.1) shall be paid out of the fund.\"79.22 Any surplus accumulated by the fund shall be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.\"79.23 Sections 22 to 27, 33, 35, 45, 47 to 49, 51, 57 and 70 to 72 of the Financial Administration Act shall apply to the fund, adapted as required.\"79.24 The fiscal year of the fund shall end on 31 March.\"79.25 Notwithstanding any contrary provision, the Minister of Finance shall, in the event of an insufficiency in the consolidated revenue fund, pay out of the fund the sums required for the execution of a judgment against the Crown which has become a res judicata.\" 27.Section 80 of the said Act is amended (1) by replacing paragraph 6 by the following paragraph: \"(6) define the rules of internal management of the commission and of the appeal tribunal;\"; (2) by inserting, after paragraph 7, the following paragraph: \"(7.1) identify the public utility services to which section 69.08 applies;\"; (3) by inserting the words \"or to the appeal tribunal\" after the word \"commission\" in the second line of paragraph 8. 2122 GAZETTE OFFICIELLE DU QUÉBEC, May 10.1989.Vol.121.No.20 Part 2 28.Section 85 of the said Act is amended by replacing the words \"The commission\" in the first line of the second paragraph by the words \"Any interested person, including the Attorney General, the commission or the municipal corporation in which the lot is situated,\".29.Section 96 of the said Act is amended by adding, at the end of the second paragraph, the following sentence: \"The Government may, in addition, authorize the exclusion of a lot situated in an exclusive sector.\" 30.Section 100.1 of the said Act is amended (1) by inserting the word and figure \"section 31.1,\" after the words \"provided for in\" in the third line of the first paragraph; (2) by adding, after the fifth paragraph, the following paragraphs: \"A notice of non-compliance under the fifth paragraph is an administrative measure and may be issued on the sole basis of information obtained, without prior notice, by a member or employee of the commission.A notice of non-compliance issued as in the preceding paragraph may, however, be contested before the commission at a hearing held pursuant to section 14.1.Any interested person may also request the commission to hold a hearing to decide the merits of the notice by making an application therefor filed at the record office within sixty days of the date of the notice.\" 31.Section 115 of the said Act is replaced by the following section: \"115.Subject to section 79.12, the Minister shall be responsible for the carrying out of this Act.\" 32.Section 34 of the Act respecting the acquisition of farm land by non-residents (R.S.Q., chapter A-4.1) is amended by replacing the word and figures \"18 and 19\" in the second line bv the words and figures \"19 and 21.01 to 21.011\".33.The provisions of this Act apply to applications filed at the record office of the commission before (insert here the date ofco>>ti)ig into force of this section) that have not, on or before that date, been the subject of a hearing.The provisions of sections 21.01 to 21.011 of the Act to preserve agricultural land apply to orders and decisions made before (insert Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2123 here the date of coming into force of this section) for the unexpired portion of the period for filing an application for review.An application for review filed at the record office after (insert here the date of coming into force of this section) becomes, by operation of law, an application for appeal within the meaning of this Act.34.The sums required for the administration of section 7 of this Act and sections 79.1 to 79.12 of the Act to preserve agricultural land, enacted by section 26 of this Act are taken, for the year 1989-90, out of the consolidated revenue fund to the extent determined by the Government.35.No agricultural zone plan comprising an exclusive sector may be approved by the Government under sections 69.01 to 69.06 of the Act to preserve agricultural land, before the agricultural zone has been the object of a review under Division IV.1.Until such a plan is approved under sections 69.01 to 69.06 of the Act to preserve agricultural land, the commission shall not authorize the exclusion of a lot the area of which is mainly constituted of soils having a soil capability of class 1, 2 or 3 and of organic soils, as inventoried on the maps of soil capability for agriculture prepared within the scope of the Canada Land Inventory.Until the plan is approved, the commission may grant authorizations under section 62 of the Act to preserve agricultural land unless the area of the lot is mainly constituted of soils having a soil capability of class 1, 2 or 3 and of organic soils, as inventoried on the maps of soil capability for agriculture prepared within the scope of the Canada Land Inventory; the commission shall, in that case, apply forthwith section.69.08 of the said Act to the application.The organic soils referred to in this section are soils which enjoy a climate of 2 500 corn-heat units or more.The second, third and fourth paragraphs do not apply to the territory of municipalities situated in agricultural zones designated by order of the Government.36.The provisions of this Act will come into force on the date or dates fixed by the Government. i Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 21 NATIONAL ASSEMBLY SECOND SESSION THIRTY THIRD LEGISLATURE Bill 220 (Private) An Act respecting the town of Roberval Introduced 5 December 1988 Passage in principle 6 April 1989 Passage 6 April 1989 Assented to 12 April 1989 Québec Official Publisher 1989 I ( i i Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.III.No.20 2127 Bill 220 (Private) An Act respecting the town of Roberval WHEREAS it is in the interest of the town of Roberval that certain powers be granted to it; THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: 1.The town of Roberval is authorized to establish and operate a convention centre on the immovable described in the schedule.The town may assume the management of the convention centre or entrust such management to any person, business firm or corporation and sign any agreement for that purpose.2.The agreement dated 27 September 1988 between the town and La Société en commandite Hôtel Carrefour Jeannois is hereby declared valid.3.This Act comes into force on 12 April 1989.SCHEDULE A parcel of land known and designated as subdivision number two of subdivision number seventy-two of original lot number seventy-three (73-72-2) of range B of the cadastre of the township of Roberval, registration division of Lac Saint-Jean Ouest./ ( ( Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2129 NATIONAL ASSEMBLY SECOND SESSION THIRTY THIRD LEGISLATURE Bill 239 (Private) An Act respecting the municipality of Lac-Nominingue Introduced 30 November 1988 Passage in principle 6 April 1989 Passage 6 April 1989 Assented to 12 April 1989 Québec Official Publisher 1989 < i i i Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 10, 1989.Vol.121.No.20 2131 Bill 239 (Private) An Act respecting the municipality of Lac-Nominingue WHEREAS it is expedient to validate the imposition and levy by the municipality of Lac-Nominingue of a compensation used, in particular, to repay a loan contracted under by-law 64 ; THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: 1.The compensation imposed and levied by the municipality of Lac-Nominingue for the fiscal years 1981 to 1987 to provide for the maintenance and management of the waterworks system and the payment of interest on and repayment of the principal of the loan contracted under by-law 64 is hereby declared valid.2.The secretary-treasurer shall enter a reference to this Act in the book of the by-laws of the municipality, below by-law 64.3.This Act does not affect a case pending on 11 January 1988.4.This Act comes into force on 12 April 1989. ( I ( i i I I Pari 2 GAZETTE OFFICIELLE DU QUÉBEC, May 10.1989.Vol.121.No.20 2133 NATIONAL ASSEMBLY SECOND SESSION THIRTY-THIRD LEGISLATURE Bill 241 (Private) An Act respecting the town of Saint-Georges Introduced 15 November 1988 Passage in principle 6 April 1989 Passage 6 April 1989 Assented to 12 April 1989 Québec Official Publisher 1989 I i i Pan 2 GAZETTE OFFICIELLE DU QUÉBEC, May 10.1989.Vol.121.No.20 2135 Bill 241 (Private) An Act respecting the town of Saint-Georges WHEREAS it is in the interest of the town of Saint-Georges that certain powers be granted to it; THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: 1.The town of Saint-Georges is authorized to establish and operate a convention centre on the immovable described in the schedule.The town may assume the administration of the convention centre or entrust any person, commercial partnership or corporation with such administration, and sign any agreement for such purpose.2.The agreement entered into between the town and Entreprises H.L.P.Inc.on 2 March 1988 is hereby declared valid.3.This Act comes into force on 12 April 1989. 2136 GAZETTE OFFICIELLE DU QUÉBEC, May 10.1989.Vol.121.No.20 Part 2 SCHEDULE A parcel of land known and designated as subdivision number two of subdivision number twenty-nine of original lot number five hundred and ninety-five (595-29-2), subdivision number one of subdivision number twenty-five of original lot number five hundred and ninety-six (596-25-1), subdivision number three of subdivision number twenty-one of original lot number five hundred and ninety-six (596-21-3) and subdivision number two of subdivision number twenty-four of original lot number five hundred and ninety-six (596-24-2), subdivision number one of subdivision number twenty-one of original lot number five hundred and ninety-six (596-21-1), all in the official cadastre of the parish of Saint-Georges, in the registration division of Beauce. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2137 NATIONAL ASSEMBLY SECOND SESSION THIRTY-THIRD LEGISLATURE .Bill 244 (Private) An Act respecting the Georg Stellari estate Introduced 31 November 1988 Passage in principle 6 April 1989 Passage 6 April 1989 Assented to 12 April 1989 Québec Official Publisher 1989 Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 10.1989.Vol.121.No.20 2139 Bill 244 (Private) An Act respecting the Georg Stellari estate WHEREAS Georg Stellari, a citizen of Canada and a resident of Montréal, died at Vienna, Austria on 30 November 1963, leaving a holograph will dated 9 January 1961 and probated on 12 March 1965 (number 320 of the records of the Superior Court of the judicial district of Montréal) ; Whereas in his will Georg Stellari indicated his intention that, besides certain specific legacies, the residue of his estate serve to create prizes and scholarships in the fields of literature and international law; Whereas the testator appointed the Roman Catholic Archbishop of Montréal testamentary executor, without granting him sufficient powers to carry out his wishes, without naming him legatee and without indicating the nature of his property ; Whereas, in point of fact, it has taken years to establish the nature of the estate, which is made up of small amounts held in financial institutions in Canada and in the United States; Whereas the Roman Catholic Archbishop of Montréal cannot act as testamentary executor and would prefer entrusting the property to the Université de Montréal, which agrees thereto provided it be named legatee; Whereas the execution of this will of an extraordinary nature presents a number of serious difficulties, particularly as concerns the residuary legacy, and whereas adherence to the spirit of the will without naming a legatee is diffficult; 2140 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Part THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: 1.The property of the succession of Georg Stellari, who died on 30 November 1963, devolves to the Université de Montréal as legatee and the university shall have the seizin thereof until the will of the deceased has been fully executed.2.The legatee shall have complete discretion to use the product of the estate, capital and interest, provided that it be applied to the study, advancement and promotion of Canadian literature in the French language and international law, in the manner it considers most suitable, without otherwise being obliged to comply in this respect with the will of Georg Stellari, probated on 12 March 1965 (number 320 of the records of the Superior Court of the judicial district of Montréal).3.The legatee is charged with the same obligations as those conferred by the will on the testamentary executor in respect ofindividual legacies or rights conferred on third parties designated by name.This section shall not be construed as conferring more rights on individual legatees or on third parties designated by name than are conferred by the will.4.The legatee may, in respect of the property of the succession, carry on dealings with others, make any investments it considers appropriate and complete the settlement of the succession at the time and in the manner it considers expedient.5.The legatee is deemed to have accepted the succession of Georg Stellari under benefit of inventory and is not under obligation for the liabilities of the succession which exceed the assets received.6.The legatee may delegate all or part of its powers to one or more persons, groups of persons, faculties or agencies, as it considers appropriate.7.The Roman Catholic Archbishop of Montréal and his predecessors in office shall no longer have testamentary executorship of the succession of Georg Stellari.They are released from any obligation relating to the succession upon delivery to the legatee of any property of the succession in their possession once costs, fees and expenses have been paid. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2141 8.This Act cornes into force on 12 April 1989.This Act shall have effect from the date of the death of Georg Stellari, to wit, 30 November 1963./ I < i I i Pan 2 GAZETTE OFFICIELLE DU QUÉBEC, May 10.1989.Vol.121.No.20 2143 NATIONAL ASSEMBLY SECOND SESSION THIRTY-THIRD LEGISLATURE Bill 246 (Private) An Act respecting Rageot Ltée Introduced 8 November 1988 Passage in principle 6 April 1989 Passage 6 April 1989 Assented to 12 April 1989 Québec Official Publisher 1989 i i < i I I Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 10, 1989, Vol.121.No.20 2145 Bill 246 (Private) An Act respecting Rageot Ltée WHEREAS Rageot Ltée, a corporation incorporated by letters patent on 22 April 1966 under Part I of the Companies Act (R.S.Q., 1964, chapter 271), was dissolved on 29 March 1975 under the Companies Information Act (R.S.Q., 1964, chapter 273); Whereas the corporation is not entitled to resumption under the Companies Information Act (R.S.Q., chapter R-22); Whereas it is expedient to authorize the presentation of a request for the resumption of Rageot Ltée under section 11 of the Companies Information Act; THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: 1.Any interested person may, pursuant to section 11 of the Companies Information Act (R.S.Q., chapter R-22), make a request in writing to the Minister responsible for the administration of the Companies Information Act for the resumption of Rageot Ltée.2.The Minister responsible for the administration of the Companies Information Act may, in accordance with the Companies Information Act, grant a request received pursuant to section 1.3.This Act comes into force on 12 April 1989. < i Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2147 NATIONAL ASSEMBLY SECOND SESSION THIRTY-THIRD LEGISLATURE Bill 247 (Private) An Act respecting the city of Côte Saint-Luc Introduced 30 November 1988 Passage in principle 6 April 1989 Passage 6 April 1989 Assented to 12 April 1989 Québec Official Publisher 1989 ( ( i i I Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.2t> 2149 Bill 247 (Private) An Act respecting the city of Côte Saint-Luc WHEREAS it is in the interest of the city of Côte Saint-Luc to regularize a situation resulting from the existence of certain servitudes in its territory; THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: 1.Every right of way which may have resulted from the qualification of certain immovables as lanes by the subdivision plan of a part of lots 109 and 111 of the cadastre of the municipality of the parish of Montréal, deposited at the Department of Colonization, Mines and Fisheries on 27 May 1912, and by the subdivision plan of a part of lot 113 of the said cadastre, deposited at the same department on 23 October 1912, and by the books of reference deposited with such plans, is hereby cancelled.2.This Act comes into force on 12 April 1989. Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 NATIONAL ASSEMBLY SECOND SESSION THIRTY-THIRD LEGISLATURE Bill 249 (Private) An Act respecting an immovable of the cadastre of the city of Montréal (Saint-Antoine ward) Introduced 31 November 1988 Passage in principle 6 April 1989 Passage 6 April 1989 Assented to 12 April 1989 Québec Official Publisher 1989 I I ( i i i Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2153 Bill 249 (Private; An Act respecting an immovable of the cadastre of the city of Montréal (Saint-Antoine ward) WHEREAS Charles Séraphin Rodier died at Montréal on 26 January 1890, leaving a will executed on 23 January 1890 before Eustache Prud'homme, notary, a copy of which was registered at the registry office of the registration division of Montréal-Est under number 118520; Whereas Charles Séraphin Rodier created a fiduciary substitution, giving the management and seizing of his property, until the opening of the substitution, to his testamentary executors as trustees ; Whereas Charles Séraphin Rodier granted to his testamentary executors the power to sell, by agreement or otherwise, all the immovables of the estate, save, among others, those situated within the boundaries of the city of Montréal; Whereas the estate of Charles Séraphin Rodier included an immovable known as part of original lot number six hundred and ten F (610F) of the cadastre of the city of Montréal (Saint-Antoine ward), as described in the schedule, thence forming part of the property subject to the restriction respecting the testamentary executors' power to sell ; Whereas, under the terms of a judgment of the Superior Court of the district of Montréal dated 1 June 1945, in the case bearing number 971 in the records of the court, judge Edouard Fabre Surveyer authorized the sale of the immovable by the then testamentary executors to Canadian Pacific Railway Company, the wholein accordance with the provisions of section 206 of the Railway Act (S.C.,1919, chapter 68); 2154 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Part 2 Whereas, by deed of sale executed on 23 July 1945 before Hector Décary, notary and registered at the registry office of the registration division of Montréal under number 622378, Marie Joseph Louis Léonce Leopold Rodier and Marie Joseph Félix Edmond Rodier, acting as sole testamentary executors of the late Charles Séraphin Rodier, sold the immovable to The Scottish Trust Company instead of selling it to Canadian Pacific Railway Company ; Whereas it was only in 1949 that the testamentary executors were given, under the Act respecting the will of Charles Séraphin Rodier (1949, chapter 133), the power to sell all the immovables of the estate wherever they be situated ; Whereas the testamentary executors of the estate retained their office until the final settlement of the estate, the whole in accordance with the provisions of section 2 of the Act respecting the Charles Séraphin Rodier estate (1975, chapter 122); Whereas, on 9 August 1977, the final settlement of the estate was achieved under the terms of a deed of final partition executed before Hubert Leroux, notary, under number 2054 of his minutes and whereas the testamentary executors consequently are no longer in office ; Whereas doubts remain as to the validity of the sale ; Whereas there would be practical difficulties in obtaining confirmation of the sale from the substitutes or their assigns; Whereas La Société Immobilière Marathon Limitée is the registered owner of the immovable, having acquired it under the terms of a deed of sale by Canadian Pacific Limited executed before André Groulx, notary, on 13 October 1988, and registered at the registry office of the registration division of Montréal under number 4081844, and whereas it is therefore in the interest of the registered owner that its title of ownership be confirmed and that the sale registered at the registry office under number 622378 be validated ; THE PARLIAMENT OF QUEBEC ENACTS AS FOLLOWS: I.The sale by the testamentary executors of Charles Séraphin Rodier to The Scottish Trust Company, executed before Hector Décary, notary, on 23 July 1945, registered at the registry office of the registration division of Montreal under number 622378 and Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2155 affecting the immovable described in the schedule is hereby confirmed to the extent that it could be contested on the grounds that the testamentary executors sold the immovable to The Scottish Trust Company instead of to the Canadian Pacific Railway Company as they were authorized to do by virtue of a judgment rendered on 1 June 1945 by judge Edouard Fabre Surveyer (no.971 in the records of the Superior Court of the district of Montréal for the year 1945).2.Real rights cancelled by this Act are replaced by personal rights exercisable against La Société Immobilière Marathon Limitée.The personal rights have a value equal to the value of the real rights they replace as it stood immediately before 12 April 1989, and they are prescribed on the date on which, but for this Act, the real rights would have been prescribed.3.Registration of a certified copy of this Act shall be made by deposit.At the time of registration, the registrar shall write in the margin of the deed registered under number 622378 the words \"Confirmed by the Act registered under number.as regards any defect corrected by the said Act\".4.This Act comes into force on 12 April 1989.SCHEDULE (Section 1) DESIGNATION Part of original lot number six hundred and ten F (610 F) of the official cadastre of the city of Montréal (Saint-Antoine ward), registration division of Montréal, as shown on the plan prepared by Pierre Alarie, land surveyor, dated 11 April 1969, bearing number F.S.30739, reference 6904-003, bounded in front towards the southeast by de la Gauchetière street (no cadastral designation), towards the southwest by lot 610E, towards the northwest by another part of lot 610 F and by part of lot 610 F-l, and towards the northeast by another part of lot 610 F and by lot 610 F-5, measuring twenty-one feet and eight tenths (21.8') along its southeast line, sixty-six feet and twenty-eight hundredths (66.28') along its southwest line, twenty-one feet and thirty hundredths (21.30') along its northwest line and sixty-eight feet and fifty-four hundredths (68.54') along its northeast line, and containing an area of one thousand four hundred and forty-nine square feet and seventy-one hundredths (1 449.71 ft-). 2156 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Pan 2 The whole, English measure, more or less.That part of lot is now known as being part of lot number two thousand four hundred and twenty-seven (2427 part) of the official cadastre of the city of Montréal (Saint-Antoine ward), registration division of Montréal, identified by the letters A-B-C-D-A on the plan prepared by Jacques Goudreault, land surveyor, dated 2 March 1989, and bearing number D 5754, minute 4238, reference 8903-004 ; starting from point \"1\" on the said plan, being the south corner of lot 2427; thence, northeasterly (40°05'00\") along the southeast limit of lot 2427, one hundred and fifty-two feet and two hundredths (152.02 ft) or (46.33 m) to point \"A\" on the said plan, being the starting point; thence, northwesterly (305°15'40\"), sixty-six feet and twenty-eight hundredths (66.28 ft) or (20.20 m) to point \"B\" on the said plan ; thence, northeasterly (34°08'30\"), twenty-one feet and thirty hundredths (21.30 ft) or (6.49 m) to point \"C\" on the said plan; thence, southeasterly (124°54'20\"), sixty-eight feet and fifty-four hundredths (68.54 ft) or (20.89 m) to point \"D\" on the said plan; thence, southwesterly (220°05'00\") along the southeast limit of lot 2427.twenty-one feet and eight tenths (21.8 ft) or (6.64 m) to point \"A\", the starting point; bounded towards the northwest, northeast and southwest by part of lot 2427, towards the southeast by de la Gauchetière street (shown on the original plan); containing an area of one thousand four hundred and forty-nine square feet and seventy-one hundredths (1 449.71 ft), English measure (or 134.68 m-); the directions mentioned in the technical survey are bearings established with reference to the SCOPQ system (zone 8, central meridian 73°30'). Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2157 NATIONAL ASSEMBLY SECOND SESSION THIRTY-THIRD LEGISLATURE Bill 250 (Private) An Act respecting certain immovables of the cadastre of the city of Montréal (Sainte-Anne ward) Introduced 31 November 1988 Passage in principle 6 April 1989 Passage 6 April 1989 Assented to 12 April 1989 Québec Official Publisher 1989 Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2159 Bill 250 (Private) An Act respecting certain immovables of the cadastre of the city of Montréal (Sainte-Anne ward) WHEREAS on 22 August 1987, by a deed of sale registered in the registry office of the registration division of Montréal under number 3921578, Société en commandite Tristan acquired from 138013 Canada Inc.and from Stella Venditi et al an immovable comprising lots 1915 and 1916 of the cadastre of the city of Montréal (Sainte-Anne ward), the parts of lots 1057 and 1058 of the same cadastre described in the said deed, and an immovable with no cadastral designation bounded by some of the above-mentioned lots or parts of lots ; Whereas upon the coming into force of the cadastre of the city of Montréal (Sainte-Anne ward) on 3 January 1870, the said immovables and a contiguous immovable were designated as lots 1056, 1057, 1058 and 1059, a tailrace with no cadastral designation separating lots 1057 and 1058 from lots 1056 and 1059, and a lane, with no cadastral designation, perpendicular to the tailrace and situated on both sides of it, separating lot 1057 from lot 1058 on the one hand, and lot 1056 from lot 1059, on the other hand; Whereas the immovable known as lot 1057 upon the coming into force of the cadastre was the subject of a lease registered on 13 December 1853 in the registry office of the registration division of Montréal-Ouest under number 12 624, whereas the lease was, after the expiry of its 21-year term, to be renewed for every subsequent period of 21 years thereafter in consideration for a rent negotiated between the parties and, whereas under the lease, the lessee was required to see to the maintenance of the tailrace and of its banks ; Whereas lots 1056 and 1059, part of lot 1058 and certain immovables not contemplated by this Act were the subject of deeds 2160 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Part 2 of sale registered on 31 December 1921 and 20 January 1922 in the registry office of the registration division of Montréal-Ouest under numbers 168 874 and 168 964 and, whereas the purchaser is required, under the deeds, to see to the maintenance of the tailrace and of its banks; Whereas it appears that the tailrace was never used for navigation and was built mainly for the purpose of conveying to the factories situated in the vicinity the water which was used to operate various machines; Whereas the tailrace and the part of the lane situated southeast of the tailrace were the subject of a judgment recognizing the right of ownership acquired by virtue of prescription by thirty years, rendered on 15 December 1961 (number 7727 ex parie in the records of the Superior Court of the district of Montréal) and registered on 20 December in the same year in the registry office of the registration division of Montréal under number 1 574 714; Whereas the part of the lane situated northwest of the tailrace was the subject of a judgment recognizing the right of ownership acquired by virtue of prescription by thirty years, rendered on 21 December 1962 (number 8450 ex parte in the records of the Superior Court of the district of Montréal) and registered on 24 Mav 1963 under number 1 673 376; Whereas after the aforementioned judgments were rendered, a cadastral designation was assigned to immovables which, until then, had been shown on the subdivision plan as the tailrace and the lane, and whereas those immovables became part of lot 1915 in the case of the tailrace, part of lot 1915 and of lot 1913 in the case of the southeast part of the lane and part of lot 1915, and lot 1916 in the case of the northwest part of the lane, and whereas the new lots are not in the nature of a tailrace or lane; Whereas, however, lot 1915 includes two parts of the lane, described in Schedules A and B, situated on both sides of the tailrace, which were not contemplated in the two judgments recognizing the right of ownership acquired by virtue of prescription, but which were possessed for over 30 years by the persons who owned or occupied the contiguous immovables, as the owners thereof; Whereas, however, the judgment registered under number 1 673 376 does not apply to a part, described in Schedule C.of the northwest part of the lane which is not included in lot 1916, which is bound by some of the lots and parts of lots acquired by Société en Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 10.1989.Vol.121.No.20 2161 commandite Tristan and which, at the time the judgment was rendered, had been possessed for several years by any one of the persons who owned the tailrace, the remainder of the northwest part of the lane or the contiguous part of lot 1057 ; Whereas on 19 May 1967, part of lot 1057 was the subject of an order (number 8626 in the records of the Public Service Board) based on the Constitut or Tenure System Act (R.S.Q., 1964, chapter 322), issued by the Public Service Board which, at that time, had jurisdiction over the matter and whereas the order was registered to be equivalent to a valid title to the immovable on 21 June 1967 under number 1 995 207; Whereas the immovable acquired by Société en commandite Tristan includes part of lot 1057 described in Schedule D, to which the order registered under number 1 995 207 does not apply but which has been possessed for over 30 years by the successive owners of the part of lot 1057 which is contemplated by the order; Whereas, in the petition for judicial recognition of the right of ownership acquired by virtue of prescription by thirty years in respect of the tailrace and the southeast part of the lane, the petitioner did not apply for the cancellation of the obligation to maintain the tailrace and its banks as stipulated in the deeds registered under numbers 168 874 and 168 964, and whereas the Superior Court did not express its opinion on the matter; Whereas, in the case of the part of lot 1057 which was the subject of an order of the Public Service Board issued under the Constitut or Tenure System Act, it is doubtful that the Public Service Board was empowered under the said Act to cancel the obligation to maintain the tailrace and its banks as stipulated in the deed registered under number 12 624, whereas the petitioner did not apply for such cancellation, and whereas the Public Service Board did not express its opinion on the matter; Whereas in the two judgments recognizing the right of ownership acquired by virtue of prescription, no one was impleaded as the owner of the immovables concerned or as the holder of other real rights in respect thereof, whereas the two judgments included an exemption from serving the petition, and no measure appears to have been taken to inform the persons who might have had arguments against the petition, of such petition or judgment, and whereas, consequently, those persons did not have an opportunity to present arguments; Whereas the only measures taken by the petitioners to inform the lessors or their assigns, of the petition filed with the Public Service 2162 GAZETTE OFFICIELLE DU QUEBEC.May 10.1989.Vol.121.No.20 Pari under number 3 921 578, including the immovables described in Schedules A, B, C and D and lot 1913 of the cadastre of the city of Montréal (Sainte-Anne ward).7.Registration of a certified copy of this Act shall be effected by deposit.At the time of registration, the registrar shall write in the margin of the deeds registered under numbers 1 574 714, 1 673 376 and 1 995 207 the words \"Confirmed by the Act registered under number.as regards any defect rectified by that Act\".8.This Act comes into force on 12 April 1989.SCHEDULE A (Sections .{.It and (i) Part of lot 1915 of the cadastre of the city of Montréal (Sainte-Anne ward), irregular in shape, bounded on the northwest, for a distance of 2.3 feet, measured from the point of intersection of the dividing lines of lots 1058, 1915 and 1916 of the same cadastre by part of lot 1916, on the northeast, for a distance of 9 feet, by the immovable described in Schedule C, on the northwest, again, for a distance of 2.3 feet, by part of the immovable described in Schedule C, on the northeast, again for a distance of 11.5 feet, on the southeast for a distance of 4.8 feet, and on the southwest, for a distance of 20.5 feet, by another part of lot 1915.Approximate English measure.SCHEDULE B (Sections j, !, and '»') Part of lot 1915 of the cadastre of the city of Montréal (Sainte-Anne ward), approximately square in shape, bounded on the southwest, on the northwest and on the northeast by another part of lot 1915, and on the southeast by part of lot 1913, the line forming the southwest boundary being situated in the extension of the line forming the northeast boundary of that part of the immovable described in Schedule A which is bounded by the immovable described in Schedule C, measuring 6.1 feet along each line.Approximate English measure. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 10, 1989.Vol.121.No.20 2163 SCHEDULE C (Sections 3, k and 6) An immovable with no cadastral designation, forming part of the cadastre of the city of Montréal (Sainte-Anne ward), approximately rectangular in shape, bounded on the northwest by part of lot 1916 of the same cadastre ; on the northeast, by part of lot 1057 of the same cadastre, described in Schedule D, on the southeast, by part of lot 1915 of the same cadastre and by another part of that lot described in Schedule A, and on the southwest, by part of that lot, described in Schedule A, measuring 17.7 feet along its northwest and southeast lines, 8.6 feet along its northeast line and 9 feet along its southwest line.Approximate English measure.SCHEDULE D (Sections J, k and 6) Part of lot 1057 of the cadastre of the city of Montréal (Sainte-Anne ward), approximately rectangular in shape, bounded on the northwest and the northeast by another part of lot 1057, on the southeast by lot 1915 of the same cadastre and on the southwest by the immovable described in Schedule C, measuring 4.8 feet along its northwest and southeast lines and 8.6 feet along its northeast and southwest lines.Approximate English measure. 2164 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Part 2 Board and of the order issued by the Board appears to have been the publication of notices in newspapers; Whereas upon the coming into force of this Act, Société en commandite Tristan intends to acquire lot 1913 of the cadastre of the city of Montréal (Sainte-Anne ward), and the current owner of the immovable, the city of Montréal, has been specially notified of the introduction of this Act and has not raised any objections to the passage thereof ; THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: 1.The title of Société en commandite Tristan to that part of lot 1915 of the cadastre of the city of Montréal (Sainte-Anne ward) which corresponds to the former tailrace and to part of the part of a former lane situated southeast of the tailrace which are contemplated by the judgment recognizing the right of ownership acquired by virtue of prescription by thirty years, rendered on 15 December 1961 (number 7727 ex parte in the records of the Superior Court of the district of Montréal) and registered on 20 December in the same year in the registry office of the registration division of Montréal under number 1 574 714, is confirmed to the extent that it could have been contested on the grounds that no owner of the immovables concerned or holder of other real rights in respect of them was impleaded in the petition for judicial recognition of the right of ownership acquired by virtue of prescription, that an exemption from serving the petition was granted, that no measure appears to have been taken to inform the persons who might have had arguments against the petition, of such petition or judgment, and that, consequently, those persons did not have an opportunity to present arguments, or on the grounds that the judgment might be construed as having allowed the petitioner to prescribe against its own title without proving interversion of title.The same applies to the title of the city of Montréal to that part of lot 1913 of the cadastre of the city of Montréal (Sainte-Anne ward) which corresponds to another part of that part of the former lane which is situated southeast of the tailrace, that other part of the southeast part of the former lane also being contemplated by the judgment registered under number 1 574 714.The same also applies to the title of Société en commandite Tristan to that part of part of the former lane situated northwest of the tailrace, which is contemplated by a judgment recognizing the right of ownership acquired by virtue of prescription by thirty years, Part'2 GAZETTE OFFICIELLE DU QUÉBEC, May 10.1989.Vol.121.No.20 2165 rendered on 21 December 1962 (number 8450 ex parte in the records of the Superior Court of the district of Montréal) and registered on 24 May 1963 in the registry office of the registration division of the district of Montréal under number 1 673 376 and now known as lot 1916 of the cadastre of the city of Montréal (Sainte-Anne ward).2.The title of Société en commandite Tristan to the part of lot 1057 of the cadastre of the city of Montréal (Sainte-Anne ward) which is contemplated by an order of the Public Service Board, based on the Constitut or Tenure System Act (R.S.Q., 1964, chapter 322), issued on 19 May 1967 (number 8626 in the records of the Public Service Board) and registered in the registry office of the registration division of Montréal under number 1 995 207, is confirmed to the extent that it could have been contested on the grounds that the only measure taken by the petitioner to inform the lessors of the petition and the order appears to have been the publication of a notice in newspapers and that, consequently, the persons who might have had arguments against the petition or the order did not have an opportunity to present them.3.Any obligation to see to the maintenance of a tailrace or of the banks of a tailrace on all or part of the immovables designated in the deed registered in the registry office of the registration division of Montréal under number 3 921 578, including the immovables designated in Schedules A to D, which might derive from the lease registered in the registry office of the registration division of Montréal-Ouest under number 12 624 or from the deeds of sale registered in the registry office of the same registration division under numbers 168 874 and 168 964, is cancelled.Any such obligation is also cancelled in relation to lot 1913 of the cadastre of the city of Montréal (Sainte-Anne ward).4.Société en commandite Tristan is hereby declared the owner of the immovables described in Schedules A to D.5.The real rights cancelled by this Act shall be replaced by personal rights exercisable against Société en commandite Tristan.The value of such personal rights is equal to the value that the real rights they are replacing had immediately before 12 April 1989 and they are prescribed on the date on which the real rights would have been prescribed were it not for this Act, where such is the case.6.This Act affects the immovable designated in the deed of sale registered in the registry office of the registration division of Montréal i i I Part 2_GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2167 NATIONAL ASSEMBLY SECOND SESSION THIRTY-THIRD LEGISLATURE Bill 251 (Private) An Act respecting the St.Bernard Fish and Game Club Introduced 30 November 1988 Passage in principle 6 April 1989 Passage 6 April 1989 Assented to 12 April 1989 Québec Official Publisher 1989 Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2169 Bill 251 (Private) An Act respecting the St.Bernard Fish and Game Club WHEREAS the St.Bernard Fish and Game Club, a corporation incorporated by way of a certificate of incorporation issued on 11 November 1899 pursuant to section 5493 of the Revised Statutes of Québec of 1888, was dissolved on 24 November 1973 under the Companies Information Act (R.S.Q., 1964, chapter 273); Whereas the corporation is not entitled to resumption under the Companies Information Act (R.S.Q., chapter R-22); Whereas it is expedient to authorize the presentation of a request for the resumption of the St.Bernard Fish and Game Club under section 11 of the Companies Information Act; THE PARLIAMENT OF QUEBEC ENACTS AS FOLLOWS: 1.Any interested person may, pursuant to section 11 of the Companies Information Act (R.S.Q., chapter R-22), make a request to the Minister responsible for the Companies Information Act for the resumption of the St.Bernard Fish and Game Club.2.The Minister responsible for the Companies Information Act may grant, in accordance with the Companies Information Act, a request made to him pursuant to section 1.3.This Act comes into force on 12 April 1989.; Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.IW9.Vol.121.No.20 2171 NATIONAL ASSEMBLY SECOND SESSION THIRTY THIRD LEGISLATURE Bill 259 (Private) An Act respecting the Collège de Saint-Césaire Introduced 31 November 1988 Passage in principle 6 April 1989 Passage 6 April 1989 Assented to 12 April 1989 Québec Official Publisher 1989 Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2173 Bill 259 (Private) An Act respecting the Collège de Saint-Césaire WHEREAS by a deed of gift dated 11 September 1873 and registered at the registry office of the registration division of Rouville, at Marieville, under number 9176, the Rev.André Provençal, pastor of the parish of Saint-Césaire, gave a parcel of land with the buildings erected thereon to the civil society of the provincial house of the Collège Notre-Dame du Sacré-Coeur, Côte-des-Neiges; Whereas a corporation called the \"Académie de Saint-Césaire\" and the school commissioners for the municipality of Saint-Césaire in the county of Rouville claimed to have rights in such immovables and assigned them to the same donee ; Whereas under the terms of his holograph will dated 25 March 1889, probated on 24 June 1889 and registered at the registry office of the registration division of Rouville under number 20 024, the Rev.André Provençal bequeathed an immovable to the \"corporation of my college of Saint-Césaire\" [translation] ; Whereas by a cadastral notice registered on 14 January 1929 at the registry office of the registration division of Rouville under number 50 930, the immovable given in 1873 was designated as lot 41 of the cadastre of the village of Saint-Césaire and whereas by a declaration of transmission registered on the same date and at the same registry office under number 50 929, the immovable bequeathed in 1889 was designated as the unsubdivided portion of lot 39 of the said cadastre, which unsubdivided portion is now known as lots 17 to 90 of the subdivision of lot 39 of the said cadastre and the lots resulting from the subdivision of certain of the said subdivided lots; 2174 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Whereas the immovable given in 1873 and that bequeathed in 1889 were contiguous but there is no certainty as to the exact location of the dividing line; Whereas it is possible, taking into account the fact that the cadastre of the village of Saint-Césaire was put into force in 1879, that the immovable given in 1873 or the bequeathed immovable comprised lots 1 to 16 of the subdivision of lot 39 of the said cadastre; Whereas, in the deed of gift, the Rev.André Provençal included the clauses reproduced in Schedule A and the Académie de Saint-Césaire included the clauses reproduced in Schedule B ; Whereas the school commissioners for the municipality of Saint-Césaire in the county of Rouville also included certain clauses in the deed of gift, but the obtaining of a release from the Commission scolaire Provençal, which succeeded to the school commissioners, should not present any difficulty ; Whereas the will contains the clause reproduced in Schedule C ; Whereas by a deed registered on 30 October 1929 at the registry office of the registration division of Rouville, at Marieville, under number 51 469, the civil society of the provincial house of the Collège Notre-Dame du Sacré-Coeur, Côte-des-Neiges, assigned to the Corporation of the Commercial College of St.Césaire, now known as \"Collège de Saint-Césaire\", an immovable described in the same terms as in the deed of gift of 1873, specifying that the property was known and designated as lot 41 of the cadastre of the village of Saint-Césaire ; Whereas the deed of assignment contains the clauses reproduced in Schedule I); Whereas the Corporation of the Collège de Saint-Césaire is the present owner of lots 17 and 18 of the subdivision of lot 39 and of lot 41, of contiguous immovables and of buildings erected on such immovables and whereas it wishes to dispose of them eventually; Whereas neither the Roman Catholic Bishop of Saint-Hyacinthe nor the Fabrique of the parish of Saint-Césaire intend to exercise the right of preemption conferred on them by one of the clauses reproduced in Schedule A and repeated in the deed of assignment registered under number 51 469 and whereas both wish to be spared the obligation imposed by that clause in the event of a refusal to exercise the right of preemption, whereby they would be required to \"provide the village and the parish of Saint-Césaire with an educational establishment worth three thousand dollars where young people may be provided the above-mentioned benefits\" [translation]; Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.19X9, Vol.121.No.20 2175 Whereas the clauses reproduced in Schedules A, B, C and D are an obstacle to the alienation of lot 41 and of lots 17 and 18 of the subdivision of lot 39 and may make the title of the assigns of the Corporation of the Collège de Saint-Césaire contestable in respect of lots 19 to 90 of the subdivision of lot 39 and the lots resulting from the subdivision of certain of the said subdivided lots ; Whereas the Roman Catholic Bishop of Saint-Hyacinthe and the Fabrique of the parish of Saint-Césaire agree to the passage of this Act; Whereas the Académie de Saint-Césaire does not seem to have carried on regular activities after the conclusion of the deed of gift of 1873, and was probably dissolved since then and whereas it is difficult to trace its assigns ; Whereas the Commission scolaire Provençal was specially informed of the introduction of this Act and did not oppose its passage ; THE PARLIAMENT OF QUEBEC ENACTS AS FOLLOWS: 1.The clauses reproduced in Schedules A and B that are contained in the deed of gift registered at the registry office of the registration division of Rouville, at Marieville, under number 9176 are hereby cancelled.2.The clause reproduced in Schedule C that is contained in the will registered at the registry office of the registration division of Rouville, at Marieville, under number 20 024 is hereby cancelled.3.The clauses reproduced in Schedule D that are contained in the deed of assignment registered at the registry office of the registration division of Rouville, at Marieville, under number 51 469 are hereby cancelled.4.This Act affects lots 17 to 90 of the subdivision of lot 39 of the cadastre of the village of Saint-Césaire, the lots resulting from the subdivision of certain of the said subdivided lots, and lot 41 of the said cadastre.It also affects lots 1 to 16 of the subdivision of lot 39 of the said cadastre to the extent that they could be affected by the clauses cancelled by sections 1 and 2. 2176 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Part 2 5.Registration of a true copy of this Act shall be made by deposit.The registrar shall, at the time of the deposit, cancel the registration of the clauses reproduced in Schedules A, B, C and D.6.This Act comes into force on 12 April 1989.SCHEDULE A (Sections 1 and 4) (1) The said Religieux, who have been providing education to young people for the past four years, shall be bound to continue their teaching according to their rules and customs, maintain the said establishment in good repair, enlarge it if necessary in their judgment, and pay the constituted rent representing the seigniorial dues in respect of the said parcel of land.[Translation] (2) The said Religieux shall each year, if the opportunity arises, provide free education to two orphans or poor children, in the opinion of the pastor of St-Césaire or of the Superior of the establishment.The children shall be admitted as boarders but shall pay for their board and for their textbooks.Such charge is imposed so as to bring divine blessings and prosperity upon the establishment.[Translation] (5) The said gift is made to allow the said Religieux de Ste-Croix to occupy the said establishment for educational purposes, to make them the actual owners of the establishment and to prevent them from being bothered or troubled by any person in any manner whatever.Should the said Religieux de Ste-Croix wish to sell the parcel of land and dependencies hereby given, they shall be required to give a right of preemption to the Roman Catholic Episcopal Corporation of the diocese of St-Hyacinthe or, in the event of its refusal, to the Oeuvre and Fabrique of the parish of St-Césaire for an amount and on the conditions agreed by them, and the Episcopal Corporation, or the Oeuvre and Fabrique of the parish of St-Césaire, on purchasing the establishment, shall be required to see that young people continue to be provided a commercial education; should neither the Episcopal Corporation nor the Oeuvre and Fabrique of St-Césaire wish to avail themselves of their right of preemption and should the said Religieux de Ste-Croix dispose of the property hereby given in favour of persons other than the Episcopal Corporation or the Oeuvre and Fabrique of St-Césaire, the Religieux de Ste-Croix shall pay a sum of three thousand dollars to be used by the Episcopal Corporation or, in the event of its refusal, by the Oeuvre and Fabrique of St-Césaire to provide the village and the parish of St-Césaire with an educational establishment worth three thousand dollars where young people may be provided the above-mentioned benefits.[Translation J Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2177 SCHEDULE B (Sections 1 and i) The said corporation giving such property to them for educational purposes, with consideration given to the rights and obligations subject to which the said Rev.J.A.Provençal gave such property to the said donees.[Translation] SCHEDULE C (Sections 2 and 4) It is understood that I am leaving such legacies to the said Corporation with a view to helping it favour poor children who are talented and provide them with an education, and on condition that the community of the Religieux de Ste-Croix continue to provide a good commercial education at the Collège de St-Césaire, including business courses.[Translation] SCHEDULE D (Sections 3 and 4) CHARGES AND CONDITIONS On the condition that the party of the second part, who hereby undertakes to do so, perform and fulfill, on behalf of the party of the first part, all obligations, charges and conditions incumbent upon the party of the first part by virtue of the deed of assignment by Mr.J.André Provençal to the latter party dated September 11th, 1873 and registered at Rouville B.No: 9176, except, however, for the clause in favour of the Commission Scolaire de la paroisse de St-Césaire which has waived, by way of a special resolution to that effect in favour of the said parties, all rights and claims it may have possessed by virtue of the above-mentioned instrument.PREEMPTION CLAUSE It is agreed between the parties that the party of the second part shall be bound to fulfill the preemption clause at its expense and on behalf of the party of the second [sic] part, in the event of the sale of the immovable designated above, either in favour of the Corporation épiscopale de l'Évêché de St-Hyacinthe or the Oeuvre and Fabrique of the parish of St-Césaire, or, should they refuse to avail themselves thereof, it shall be bound to fulfill the obligation to pay the sum of three thousand dollars to whoever may be entitled thereto by virtue of the above-mentioned instrument. i i i Part 2 GAZETTE OFFICIELLE DU QUÉBEC.Max 10.1989.Vol.121.No.20 2179 NATIONAL ASSEMBLY SECOND SESSION THIRTY-THIRD LEGISLATURE Bill 260 (Private) An Act respecting AY Unergie Inc.Introduced 30 November 1988 Passage in principle 6 April 1989 Passage 6 April 1989 Assented to 12 April 1989 Québec Official Publisher 1989 i i i Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2181 Bill 260 (Private) An Act respecting AY Unergie Inc.WHEREAS AY Unergie Inc., having its head office at Montréal, is a company resulting from the amalgamation, under Part IA of the Companies Act (R.S.Q., chapter C-38), of Unergie Inc.and AY Unergie Inc., as attested by the certificate of amalgamation dated 31 December 1985, AY Unergie Inc.having been incorporated under Part IA of the Companies Act, as attested by the certificate of incorporation dated 26 November 1985, Unergie Inc.having been continued under Part IA of the Companies Act, as attested by the certificate of continuance dated 2 November 1982, and having been incorporated under the Mining Companies Act (R.S.Q., chapter C-47) by letters patent dated 15 January 1954, amended by supplementary letters patent dated 23 June 1971 and 2 November 1982; Whereas it is in the interest of AY Unergie Inc.that its corporate status be confirmed ; THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS: 1.The existence of Unergie Inc.is validly continued under Part IA of the Companies Act (R.S.Q., chapter C-38) from 2 November 1982, namely the date shown on its certificate of continuance, the validity of which is hereby confirmed.2.Unergie Inc.and AY Unergie Inc.have validly amalgamated under Part IA of the Companies Act and are continued as one single company under the name of AY Unergie Inc.from 31 December 1985, namely the date shown on its certificate of amalgamation, the validity of which is hereby confirmed. GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 3.This Act comes into force on 12 April 1989. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2183 Coming into force of Acts Gouvernement du Québec O.C.626-89, 26 April 1989 An Act respecting police organization and amending the Police Act and various legislation (1988, c.75) \u2014 Coming into force of certain provisions Coming into force of certain provisions of the Act respecting police organization and amending the Police Act and various legislation Whereas the Act respecting police organization and amending [he Police Act and various legislation (1988.c.75) was assented to on 23 December 1988; Whereas under section 273.the provisions of the Act come into force on the date or dates fixed by the Government: Whereas it is expedient to fix the date for the coming into force of certain provisions of the Act to allow for the gradual implementation of the structures set up under it; It is ordered, therefore, upon the recommendation of the Minister of Public Security: That 26 April 1989 be fixed as the date lor the coming into force of sections i to 13, 20.27 to 34.37 to 46.91 to 100.104.135 to 141.143.144 .203 .204 and 272 of the Acl respecting police organization and amending the Police Act and various legislation (1988.c.75).Benoît Moris.Clerk of ihe Conseil exécutif 3985 s Pan 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2185 Proclamations |L.S] ANDRE DUBËLLD Gouvernement du Québec Proclamation Coming into force of certain provisions of Ihe Act to amend various legislation respecting the administration of justice (1985.c.29) THt gouvernement du quebec proclaims THAT: Sections 7 to II of the Act to amend various legislation respecting the administration of justice come into force on i May 1989.Background: This proclamation is in pursuance of a recommendation of the Minister of Justice and of the Minister of International Affairs, adopted on 19 April 1989.by Order in Council 582-89 of the Gouvernement du Québec The Act to amend various legislation respecting the administration of justice was assented to on 20 June 1985.Under section 50 of that Act.the Acl came into force on the da> it was assented to.except: ill sections 2 to 6, 12 to 15.30.31 paragraphs 3 and 4 of section 32 and sections 33.34 and 37.which will come into force on I September 1985: ill sections 7 to II.16 to 21 and 38 to 47.which will come into force on the date fi.xed by proclamation of the Government, except the provisions excluded by the proclamation, which will come into force on any later dates fixed by proclamation of the Government.In accordance with Order in Council 2474-85 dated 27 November 1985 of the Gouvernement du Québec: 111 sections 17 to 19 and 44 to 47 of the Act and section 103.1 of the Acl respecting the determination of the causes and circumstances of death (R.S.Q.c R-0.2).made by section 42 of the Acl to amend various legislation respecting Ihe administration of justice, came into force by proclamation on 27 November 1985; (2) sections 16.20.21 and 38 to 43 of that Act.except for section 103.1 of the Acl respecling the determination of Ihe causes and circumstances of death, enacted by section 42 of the Act to amend various legislation respecling the administration ol justice, came inlo force by proclamation on 3 March 1986.Québec.19 April 1989 Jacques Chambfri and.Deputy Attorney general Libro: 509 Folio: 13 3985 ( I I Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2187 Regulations Gouvernement du Québec O.C.604-89, 26 April 1989 Restauration Ment Act (R.S.Q.c.M-10.1) Regulation \u2014 Amendments Restaurant Ment Regulation (Amendment) Whereas under section 4 of the Restauration Merit Act (R.S.Q.c.M-IO.I).the Government may.by regulation, determine (he conditions for admission to a restauration merit competition, determine the criteria on the basis of which the competitors are lo be judged and establish classes of competitors: Whereas Ihe Government adopted the Restaurant Merit Regulation by Order in Council 650-87 dated 29 April 1987; Whereas it is expedient lo amend ihe Regulation: Whereas under section 12 of the Regulations Act (R.S.Q.c.R-18 I ).a proposed regulation may be made without having been published as prescribed in section 8 of that Act.if the authority making it is of the opinion that the urgency of the situation requires it: Whereas under section 18 of that Act.a regulation may come into force on the date of its publication in the Gazelle officielle du Quebec where the authority that has made it is of the opinion that ihe urgency of the situation requires it: Whereas under sections 13 and 18 of that Act.the reason justifying the absence of such publication and such coming into force must be published with the regulation: Whereas the Government is of the opinion that the urgency due to the following circumstances justifies the absence of such publication: \u2014 this Regulation must come into force before the date sel for the launching of the Restaurant Merit Competition at the beginning of May 1989: \u2014 that launching dale is based on the fact that many restaurants are open and may be judged only during the relatively brief tourist season: \u2014 ihe representatives of Ihe associations in the restaurant and hotel sector were consulted before publication of the Regulation: Whereas it is expedient to make the Regulation: It IS ordered upon the recommendation of ihe Minister of Agriculture.Fisheries and Food: That Ihe Regulation attached to this Order in Council be made.Benoît Morin.Clerk of ihe Conseil exécutif Restaurant Merit Regulation (Amendment) Restauration Merit Act (R.S.Q.c.M-10.1.s.4) I.The Restaurant Merit Regulation, made by Order in Council 650-87 dated 29 April 1987.is amended in section i: ( 1 ) by substituting Ihe following for paragraph 2; \"(2) he must manage a restaurant that has been in operation for not less than three years on Ihe dale of his registration;\"; (2) by substituting the following lor paragraph 3: \"(3) he must operate the restaurant entered in the competition for not less than four consecutive months per year;\".2.The following is substituted for section 5.\"5.The Minister shall organize a competition each year for each class of restaurant.\".3.The following is substituted for section 6: \"6.The Minister shall appoint at least one jury of nol less than two persons for each of the regions described in section 4 and for each competition.\".\u20221.The following is substituted for section 8: \"8.Each regional jury shall select the competitor whose restaurant has obtained the highest score, bul nol less than 150 points\".5.The following is substituted for section 9: \"9.Where there is more than one jury in a region for the same competition, the Minister shall appoint a second-level jury of not less than two persons to evaluate the restaurants of competitors selected by the first-level juries.The second-level jury shall visit those restaurants and evaluate them in accordance with the scale for evaluation prescribed in Schedule ii.it shall select the competitor whose restaurant has obtained the highest score, but not less than 150 points \" 6.Paragraph 2 of Schedule i is amended by substituting the following: \"For how long has the restaurant entered in the competition been in operation'.' (minimum of three years)_\" for the following: \"For how long has the competitor been managing the restaurant'.' (minimum of three years)_ Attach document certifying thai fact 7.This Regulation comes into force on ihe dale of its publication in the Gazelle officielle du Québec.3981 Gouvernement du Québec O.C.618-89, 26 April 1989 Regulations Act (R.S.Q.c R-18.1) Application of the Regulations Act \u2014 Exclusion of certain regulations Exclusion of certain regulations made under Ihe Acl respecling the conservation and development of wildlife from the application of ihe Regulations Act 2188 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Part 2 Whereas under subparagraph 6 of section 110 of the Act respecting the conservation and development of wildlife (R.S.Q.c.C-61.1 ) as amended by section 13 of the Acl to amend the Act respecling the conservation and development of wildlife and the Parks Act (1988.c.39).Ihe Government may.by regulation, in respect of controlled zones, permit any agency that is a party to a memorandum of agreement to exercise certain regulatory powers provided that it comply with the terms and conditions prescribed by regulation of the Government: Whereas the regulatory powers that may be delegated to an agency under clauses a.b.c.d and e of subparagraph 6 of section 110 of the Acl may also be exercised by the Government under subparagraphs I to 5.4 of section 110; Whereas under section 110.2 of the Act.the Minister of Recreation.Fish and Game may amend or replace a by-law made by an agency if it does not comply with the conditions prescribed by regulation of the Government; Whereas the Regulations Act (R.S.Q.c.R-18.1 ) prescribes in section 2 that it applies in particular to every proposed regulation or proposed by-law and to every regulation or by-law that may be made or approved by the Government or by a minister; Whereas the procedure provided for in section 110.1 of Ihe Act respecting the conservation and development of wildlife prescribes that an agency may exercise the regulatory power delegated to il only between I December and I May: Whereas section MO.I prescribes that any by-law of an agency must be sent to each of its members at least thirty days before the date of the general meeting and that a by-law.once approved by a vote of the members, may not come into force before the expiry of thirty days from the date on which it is sent to ihe Minister: Whereas section 11 of the Regulations Acl prescribes that a proposed regulation may not be made or approved before the expiry of forty-five days from its publication in the Gazelle officielle du Quebec.Whereas under section 17 of that Act.a regulation comes into force fifteen days after the date of its publication in the Gazelle officielle du Québec, Whereas if the time periods prescribed in sections 11 and 17 of that Act are added lo Ihe lime periods prescribed in the Acl respecting the conservation and development of wildlife, it will be impossible for an agency to exercise its regulatory powers within ihe period of the year prescribed by the Act; Whereas under Ihe Acl.the Minister of Recreation.Fish and Game has only thirty days during which to amend or replace a by-law made by an agency before it comes into force; Whereas the Regulation respecting controlled zones made by Order in Council 122-89 daled 8 February 1989.which fixes the terms and conditions wilh which an agency must comply in exercising its regulatory powers, was prepublished in Ihe Gazelle officielle du Québec of 23 November 1988; Whereas lhal Regulation requires that any agency exercising the regulatory powers provided for in clause and fix the duties for ihe issue of a licence in respect of amusement machines where the person applying therefor is a non-profit organization pursuing strictly charitable, religious or educational purposes or purposes beneficial to the community; Whereas a regulation entitled \"Regulation respecting amusement machines\" (R R Q .c 1981.c.L-6.r.I) was made under the Acl; Whereas u is expedient lo amend the Regulation in order to facilitate the practise of the commercial activity of Ihe operator ol amusement machines by allowing him to transfer a registration marker from one machine to another without having lo deal with Ihe Board each time and to increase the annual duties payable for the registration of amusement machines. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2189 WHEREAS under sections 10 and 11 of ihe Regulalions Acl (R.S.Q.c.R-18.1).ihe text of the regulation was published in Part 2 of the Gazelle officielle du Québec of 15 February 1989 with a Notice that it could be made by the Govemmenl al ihe expiry of 45 days following lhal publication; Whereas it is expedient to make the Regulation with amendments; It is ordered upon the recommendation of the Minister of Revenue: That the Regulation respecting amusement machines (Amendment), attached hereto, be made Benoît Morin.Clerk of the Conseil exécutif Regulation respecting amusement machines (Amendment) An Act respecting lotteries, racing, publicity contests and amusemeni machines (R.S.Q., c.L-6.ss.34.36.53 to 55 and 119) 1.The Regulation respecting amusemeni machines (R.R.Q.c.1981.c.L-6.r.I), amended by the Regulation made by Order in Council 1591-86 dated 22 October 1986.is further amended by substituting the following for ihe part preceding paragraph 1 of section 2.3: \"2.3 When applying for his licence, an operator wishing to place at the disposal of the public an amusemeni machine belonging to one of the following classes must obtain a registration marker from the Board:\" 2.Section 2.4 is amended: ( 1 ) by substituting the amount \"750 $'\" for Ihe amount \"650 $\" in paragraph a.(2) by substituting the amount \"300 $\" for the amount \"250 $\" in paragraph b.3.The following sections are substituted for sections 3 lo 5: \"3.Notwithstanding section 2.2.where an operator applies for a licence for the first time or makes a new application for an operator's licence not expiring on the last day of a month, the Board may issue such licence and registration markers for a period of less than one year bul not less than 11 months.In such a case, the duties prescribed in sections 2.1 and 2.4 are paid, in proportion lo 12 months, for the number of months and days for which the licence and markers are issued.4.The holder of an operator's licence who applies to the Board for additional registration markers must forward to the Board the prescribed form duly completed and the amount of the duties prescribed in section 2 4.for Ihe number of months and days, in proportion to 12 monlhs, that remain before the expiry date of his licence.5.A licence or a registration marker for an amusement machine is issued in the name of the holder of the operator's licence.It shall remain the property of the Board.S.I The holder of an operator's licence wishing to be reimbursed for the duties he paid for a registration marker must return it to the Board or submit proof that it is irretrievable together with Ihe prescribed from duly completed.The duties are reimbursable for the number of monlhs and days that remain belore the expiry of his operator's licence up to a maximum of six months.\".-I.The following section is substituted for section 7: \"7.Where a licence is lost, destroyed, damaged or made unusable, Ihe holder must apply for a duplicate, which the Board shall issue upon proof of loss or destruction or upon return of the damaged or unusable marker Where a registration marker is damaged or irretrievable, the holder of the operator's licence must apply for a duplicate, which the Board shall issue upon return of the damaged marker or upon proof thai the marker is irretrievable.\".5.The following section is substituted for section 9: \"9.The payment of duties provided lor in this Regulation shall be made in cash, by certified cheque or money order payable to the Régie des loteries el courses du Québec, when applying for a licence or registration markers.Where in the case of an application for an operator's licence and for registration markers for machines, the duties to be paid exceed 2 000 $.Ihe payment of those duties may be made in two equal instalments: the first payment, when applying for the licence; the second payment, within four months of the dale on which that licence is issued.\".6.Section 9.1 of the Regulation is revoked.7.This Regulalion comes into force on I June 1989.3983 Gouvememenl du Québec O.C.635-89, 26 April 1989 An Act respecling collective agreement decrees (R.S.Q., c.D-2) Paper box \u2014 Amendments Concerning the Decree amending the Decree respecting the paper box industry Whereas, in accordance with section 8 of the Act respecting collective agreement decrees (R.S.Q.c.D-2), the government may amend a decree upon the recommendation of the Minister of Labour; Whereas the contracting parties to the collective labour agreement rendered obligatory by the Decree respecling ihe paper box industry (R.R.Q.1981.c.D-2.r.4).amended by Orders in Council 801-82 of 31 March 1982 (Suppl.p.390).1107-82 of 5 May 1982 (Suppl p.391).1690-82 of 7 July 1982 (Suppl.p.392), corrected by Order in Council 2000-82 of 2 September 1982 and amended by Orders in Council 865-84 of 4 April and 2236-84 of 3 October 1984.have petitioned the Minister of Labour lo submit lo ihe government for consideration and decision the following amendments lo Ihe Decree; Whereas, in accordance with sections 10 and II of the Regulations Act (R.S.Q., c.R-18.1).the text of the amending decree attached hereto was published in Part 2 of ihe Gazelle officielle du Québec of 17 August 1988.with a notice slating thai it mighl be adopted by the government at the expiry of a 45-day time limit from this publication: 2190 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 Part 2 Whereas no objection has been brought forward against the proposed amendments of the decree attached hereto; Whereas it is expedient to approve this petition with amendments and to adopt for this purpose the attached Decree; It is ordered, therefore, upon the recommendation of the Minister of Labour: That the Decree amending the Decree respecting Ihe paper box industry, aitached hereto, be adopted.Benoît Morin.Clerk of ihe Conseil exécutif Decree amending the Decree respecting the paper box industry An Acl respecling collective agreement decrees (R.S.Q.c.D-2.s.8) 1.The Decree respecting the paper box industry (R.R.Q.1981.c.D-2.r 4).amended by Orders in Council 801-82 of 31 March 1982 (Suppl.p.390).1107-82 of 5 May 1982 (Suppl.p.391 ) and 1690-82 of 7 July 1982 (Suppl.p.392).corrected by Order in Council 2000-82 of 2 September 1982 and amended by Orders in Council 865-84 of 4 April 1984 and 2236-84 of 3 October 1984.is further amended by replacing Ihe names of the contracting parties by the following: \"on the first pan: SPB Canada Inc.; Emballages Somerville.Division des Industries Paperboard Inc.(Saint-Laurent): Les Cartonniers St Francis Liée: Produits forestiers Canadien Pacifique Ltée; Les Emballages Cité Ltée; Emballages Paperboard.Boxerait Inc.Major Box Inc : Emballages Somerville.Division des Industries Paperboard Inc.(Montréal): Bourguignon + DH Inc.; and.on ihe other pan: Syndicat canadien des travailleurs du papier, seclion local 217 (CWA.FTQ.CTC): Graphie Communications Inlernalional Union, local 555.Montréal (QFL.CLC.MLC); Syndicat national des employés de \"Les Cartonniers Si.Francis Liée\" Inc : Svndical Québécois de l'imprimerie el des communications, local 145 (CWA.FTQ); Major Paper Box & Wire Works Lid.Employees Association.\".2.The English version of section I 02 of this Decree is corrected by replacing, in ihe second paragraph.Ihe words \"the manufacture of die cut banks, trays or strips of paper board, inserts of all kinds, division dummies and shirt cards.\" by Ihe following: \"Ihe manufacture of die cut blanks, trays or strips of paper board, inserts of all kinds, divisions, dummies and shirt cards.\" 3.The English version of seclion 3.05 of the Decree is corrected by replacing, in subsection 14.the words \"chiel engine-man\" by ihe following: \"stationary enginemen\".4.Section 3.07 of the Decree is revoked.5.The Decree is amended by adding, after section 3.10.the following: \"3.11 Minimum hourly rates of all classifications mentioned in sections 3.02 to 3.05 are increased by 12.48 % as of 25 May 1989 and by 4 % as of the sixth month following this dale.\".6.Section 4.02 of the Decree is replaced by the following: \"4.02 Overtime: 1° All work performed over the s:andard working hours of each day.before or after the standard hours of each shift, is considered as overtime work and is paid al the rate of time and a half for Ihe first 3 hours and al double time rate for subsequent hours.2° All work performed over the standard working hours of each day on an additional shift, in less than 24 hours, is considered as overtime work and is paid at the rale of time and a half.3° All work performed on Saturday morning up to 4 hours is paid at the rate of lime and a half except for the months of June.July and August of each year 4° All work performed on Saturday during the months of June.July and August or in excess of 4 hours on Saturday morning during the other months, and all work performed on Sunday is paid al double lime.5° However, hours worked on Saturday by the shift which begins work before 23 h 59 on Friday, as well as hours worked on Sunday by the shift which begins work before 23 h on Sunday, are not paid al increased rales, except for ihose hours which exceed the number of hours of a standard workday.\".7.Section 4.05 of the Decree is replaced by ihe following: \"4.05 Night work premium: 1° Employees working on a night shift are paid on the basis of the hourly rale of Ihe day shift, increased by 0.45 $ an hour for ihe second shift and by 0,60 $ an hour for the third shili This hourly premium is not considered when computing overtime hours.2° Despite Ihe provisions provided for in Ihe Decree, this premium for night work does not apply lo watchmen, boiler firemen (stokers) and stationary enginemen.such employees are paid on Ihe basis of the hourly rate of the day shift plus 0.10 % per hour, provided they are employed exclusively according lo their classification and are nol performing production work operations\".8.The English version of section 4 06 of the Decree is corrected by replacing the words \"operating working centers on 3 shilis will pay \" by ihe following: \"operating work centres on the basis of 3 shifts of 8 hours each will pay.\".8.Seclion 5.04 of the Decree is replaced by Ihe following: \"5.04 The holiday pay for general holidays wiih pay as provided lor in section 5.01 is payable lo ihe employee who has 30 working days of service.The said holiday pay is equal lo ihe Part 2 GAZETTE OFFICIELLE DU QUÉBEC.May 10.1989.Vol.121.No.20 2191 number of hours in the employee's standard workday, multiplied by his hourly rate and increased by the shift premium for any employee who works in the night shift during the week the paid holiday is observed.\".10.Section 6.03 of the Decree is amended by replacing subsection 2 by the following: \"(2) Despite subsection I.when an employee quits his employer, is layed off or is absent from work for reasons other than sickness or accident for a period nol exceeding 12 months, he receives a vacation pay equal to 4 %, 6 %.8 % or 10 %, as the case may be.of his gross earnings earned during the qualifying period provided in section 6.01.\".11.Sections 8.01 and 8.02 of the Decree are replaced by the following: \"8.01 1° An employee may be absent from work for one day.without a loss in wages, on Ihe occasion of Ihe death, funeral or cremation of a child, the person to whom he is married or with whom he lives maritally within the meaning of subparagraph b of paragraph 3 of section I of Ihe Act respecling labour standards, his father, mother, brother or sister.He may also be absent for 3 other days on such occasion, but without wages.2° The employee who has 3 monlhs of continuous service with the same employer shall be entitled lo 2 additional working days' leave with pay to attend the funeral or cremation of his father, mother, child, brother or sister and to 4 additional working days' leave with pay to attend the funeral or cremation of his spouse, within the meaning of subparagraph b of paragraph 3 of section I of the Act respecting labour standards.8.02 The employee who has been in his employer's service for 30 calendar days is entitled to one working day's leave with pay to attend the funeral or cremation of his brother-in-law.sister-in-law, mother-in-law or father-in-law This section applies only when Ihe claimed leave occurs on a day on which Ihe employee would work\".12.Section 9.01 of the Decree is replaced by the following: \"9.01 The employee who reports to his place of work in the normal course of his employment and who works less than 4 hours, is entitled, except for a fortuitous event, to an indemnity equal to 4 hours of his regular hourly wage, unless he is entitled to a higher amount under section 4.02.\".13.Section 10.01 of Ihe Decree is replaced by the following: \"10.01 Wages are paid to the employee weekly by cheque or in cash, at the option of the employer/'.14.Section 12.01 of the Decree is amended by replacing the first paragraph by the following: \"12.01 The parity committee issues, upon request, a service card to any employee performing an operation classified in this Decree\".15.Section 14.02 of the Decree is corrected, in the English version, by replacing subsection < by Ihe following: \"Id \"feeder\" or \"feeder operator \": any employee who manually feeds stock to letter presses or who lends the paper feeding mechanism of such presses;\".16.Section 14.06 of the Decree is corrected, in the English version, by replacing in subsection 3.the words \"an apprentice actually employed\" by the following: \"an apprentice regularly employed\".17.The Decree is amended by adding, after section 14.08.the following: \"14.09 The minimum hourly wage rates for all classifications mentioned in seclion 14.08 arc increased by 12.48 % as of 25 May 1989 and by 4 % as of Ihe sixth month following this date.\" 18.Section 15.01 of Ihe Decree is replaced by the following: \"15.01 This Decree remains in force until 31 July 1989.It is then automatically renewed from year to year thereafter, unless the employer group or the employee group is opposed and gives a written notice lo this effect to the Minister of Labour and lo the other group, during May of 1989 or during May of any subsequent year.\".19.This Decree comes into force on 15'\" day following ihe dale of its publication in the Gazelle officielle du Québec.3984 Gouvernement du Québec Notice An Act respecting lotteries, racing, publicity contests and amusement machines (R.S.Q.C.L-6) Amusement machines \u2014 Amendments Notice is hereby given that the Régie des loteries el courses du Québec made, al its sitting of 25 April 1989.the \"Rules respecling amusemeni machines (Amendment)\" which text appears below.Marcel R Savard.f.ca.Président of ihe Régie des loteries el courses du Québec Rules respecting amusement machines (Amendment) An Acl respecting lotteries, racing, publicity contests and amusemeni machines (R.S.Q .c.L-6.s.20) 1.The Rules respecting amusemeni machines (R.R.Q.1981.c.L-6.r.2).amended by the Rules made by ihe Régie des loteries el courses du Québec al ils meetings of 22 May 1985 and 27 October 1986 and published in Ihe Gazelle officielle du Québec.Part 2.on 5 June 1985 and 12 November 1986.are further amended by substituting the following paragraph for paragraph c of seclion 2: \"Id for a person other than a natural person, have his head office or main place of business in Canada and an office in Québec\".2.Section 4 is amended by substituting the following for paragraphs c and d: \"Id a list of the directors, shareholders or partners, indicating their surnames, given names, addresses and occupations: \"Id) in the case of an amusemeni machine described in subparagraphs d and e of paragraph 2 and subparagraph
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